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Tertiary Buildings: What are the new regulations in 2024?

Posted on January 3, 2024

Latest decree of the Tertiary Decree, BACS Decree, law for the acceleration of renewable energies, law on the orientation of mobility, at the start of 2024 there are numerous new regulations concerning tertiary buildings.

Overview 


A favorable context for the energy renovation of tertiary buildings


The last COP 28 in the United Arab Emirates recently showed it again: we are still very dependent on fossil fuels. Or 80% of the energy consumed globally.

In view of climate change, there is therefore an urgent need to act to initiate an energy transition and adopt low-carbon energies to travel or heat our buildings, for example:

 - Climate emergency therefore

 - Financial emergency with sustainably rising energy prices

 - Regulatory emergency with increasingly strengthening provisions

At the French level, the government presented an ecological planning policy in September 2023, to detail the measures to be taken sector by sector.

In the building sector, the Green Fund, with €2.5 billion, aims to support the energy renovation of public buildings.

The private sector can benefit from CEEs, Energy Savings Certificates, to finance part of the work. Work made necessary by recent regulatory strengthening.



What compliance in 2024?


2024, the year of the first notes of the Tertiary Decree


Time for action! The first so-called “learning” year of the Tertiary Decree is over, according to the terms of the Ministry of Energy Transition. After a period of tolerance, the regulations come into full force. With in particular the Tertiary Eco Energy rating of each subject functional entity.

Since September 30, 2023, all taxable persons must have declared their energy consumption for the year 2022 on the Ademe OPERAT platform. Each was assigned an objective in absolute value or in relative value to be achieved by 2030.

In 2024, for the 1st year, each subject functional entity will receive a Tertiary Eco Energy Rating, with the declaratory statement for the year 2023 and a note to certify or not its reduction in consumption.  

compliance, regulations, tertiary decree, 2024

The Tertiary Eco Energy Rating will have a triple impact on the valuations of the properties concerned:

 - Sale price

 - Value of the lease

 - Bank credit rate

Did you know that? For comparison, the discount on energy-intensive housing with an E, F or G rating varies from 9 to 20% depending on the DPE in 2021.

 

The Tertiary Eco Energy Rating will have a triple impact on the valuations of the properties concerned:

 - Sale price

 - Value of the lease

 - Bank credit rate

Did you know that? For comparison, the discount on energy-intensive housing with an E, F or G rating varies from 9 to 20% depending on the DPE in 2021.

 


BACS decree: compliance before January 1, 2025


The BACS Decree, also known as the Decree relating to technical building management systems, is a regulation put in place in France. Its aim is to improve energy management in buildings.

BACS, which stands for Building Automation and Control Systems, aims to facilitate the use of control and automation systems in built structures.

The main objectives of this Decree are:

  •  Monitor, record and analyze continuously, by functional zone and at an hourly time step, the energy production and consumption data of the building's technical systems and adjust them accordingly following the instructions, scenarios and possible optimizations.
  •  Situate the energy efficiency of the building in relation to reference values.
  •  Detect losses in efficiency of technical systems and inform the building operator to enable analysis of the situation and improvement of energy efficiency.
  •  Be interoperable with the different technical building systems.
  •  Allow manual shutdown and autonomous management of technical building systems connected to the BACS.
For this, the installation of a BMS (Technical Building Management) system is mandatory:


  •   from January 1, 2025, for new and existing tertiary buildings equipped with a heating or air conditioning system, combined or not with a ventilation system, with a nominal power greater than 290 kW
  •   from January 1, 2027, for existing tertiary buildings equipped with a heating or air conditioning system, combined or not with a ventilation system, with a nominal power greater than 70 kW



Renovation of tertiary buildings and renewable energies


The APER law (Acceleration for Renewable Energies) of March 20, 2023 sets a clear objective: to replace carbon-based fossil fuels with renewable energies.

From now on, all existing non-residential buildings of more than 500m2 must:

Integrate photovoltaic energy production processes on roofs

Green their roof

This regulation applies, from January 1, 2028 , to buildings or parts of buildings existing on July 1, 2023 or for which the planning authorization application was submitted before July 1, 2023.

Are concerned:

  • Buildings for commercial, industrial, artisanal or administrative use;
  • Buildings or parts of buildings used as offices or warehouses;
  • Hangars not open to the public subject to commercial exploitation;
  • Hospitals;
  • Sports, recreational and leisure equipment;
  • Buildings or parts of school and university buildings;
  • Covered parking lots accessible to the public. 



Electric mobility, a new challenge for tertiary buildings


Finally, decarbonization also involves our means of transport. The legislation therefore encourages the development of electric vehicles.

The LOM law (Mobility Orientation Law) provides for the obligation, for new tertiary buildings or in the event of major renovation, to install:

  • A charging station every 20 parking spaces
  • 20% of pre-equipped places 


compliance, regulations, tertiary decree, 2024